[Federal Register: December 15, 2008 (Volume 73, Number 241)]
[Notices]
[Page 76086-76087]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15de08-115]
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DEPARTMENT OF STATE
[Public Notice 6450]
Issuance of a Presidential Permit Authorizing the Construction,
Operation and Maintenance of the Otay Mesa East Border Crossing Near
San Diego, CA, at the International Boundary Between the United States
and Mexico
SUMMARY: The Department of State issued a Presidential permit,
effective December 8, 2008, authorizing the General Services
Administration to construct, operate, and maintain a vehicular and
pedestrian border crossing called ``Otay Mesa East'' near San Diego,
California, at the international boundary between the United States and
Mexico. In making this determination, the Department consulted with
other federal agencies, as required by Executive Order 11423, as
amended.
FOR FURTHER INFORMATION CONTACT: Mr. Daniel Darrach, U.S.-Mexico Border
Affairs Coordinator, via e-mail at WHA-BorderAffairs@state.gov; by
phone at 202-647-9894; or by mail at Office of Mexican Affairs--Room
3909, Department of State, 2201 C St., NW., Washington, DC 20520.
Information about Presidential permits is available on the Internet at
http://www.state.gov/p/wha/rt/permit/.
SUPPLEMENTARY INFORMATION:
Following is the text of the issued permit:
By virtue of the authority vested in me as Deputy Secretary of
State under Executive Order 11423, 33 FR 11741 (1963), as amended by
Executive Order 12847 of May 17, 1993, 58 FR 29511 (1993), Executive
Order 13284 of January 23, 2003, 68 FR 4075 (2003), and Executive Order
13337 of April 30, 2004, 69 FR 25299 (2004) and Department of State
Delegation of Authority 245 of April 23, 2001; having considered the
environmental effects of the proposed action in accordance with the
National Environmental Policy Act of 1969, as amended (83 Stat. 852, 42
U.S.C. 4321 et seq.) and other statutes relating to environmental
concerns; having considered the proposed action in accordance with the
National Historic Preservation Act of 1966, as amended (80 Stat. 917,
16 U.S.C. 470f et seq.); and having requested and received the views of
various of the federal departments and other interested persons; I
hereby grant permission, subject to the conditions herein set forth, to
the United States General Services Administration (GSA) (hereinafter
referred to as the ``permittee''), to construct, operate, and maintain
a new commercial vehicle, passenger vehicle, and pedestrian land border
crossing (hereinafter referred to as ``Otay Mesa East''), approximately
two miles east of the existing Otay Mesa border crossing near San
Diego, California.
The term ``facilities'' as used in this permit means the facilities
proposed to be constructed at the Otay Mesa East border crossing near
San Diego, California. These facilities are likely to consist of the
following improvements and structures:
Inspection and X-Ray Facilities
Containment Areas and Docks
Commercial Inspection Building with Import and Export
Docks
Export Inspection
Main Administrative Building with Pedestrian Facilities
Entry and Exit Control Booths and related improvements
Roadways and related Infrastructure, Pathways, Parking
Lots, and related Lots
Landscaping
Ancillary Support Facilities
Commercial Cargo and Passenger Vehicle lanes
Related Improvements and Infrastructure
The term ``Tier 1 environmental document'' as used in this permit
refers to the programmatic or first tier environmental impact statement
that establishes the preferred corridor of State Route 11 and the
preferred site of the Otay Mesa East border crossing.
The term ``Tier 2 environmental document'' as used in this permit
refers to the second tier environmental impact statement or
environmental assessment to be prepared after the issuance of this
permit and before any construction may begin that will identify more
detailed project-specific effects and mitigation measures.
This permit is subject to the following conditions:
Article 1. The facilities herein described, and all aspects of
their operation, shall be subject to all the conditions, provisions and
requirements of this permit and any amendment thereof. This permit may
be terminated upon a determination of the Executive Branch that the
Otay Mesa East border crossing shall be closed. This permit may be
amended by the Secretary of
[[Page 76087]]
State or the Secretary's delegate in consultation with the permittee
and, as appropriate, other Executive Branch agencies; the permittee's
obligation to implement such an amendment is subject to the
availability of funds. The permittee shall make no substantial change
in the location of the facilities or in the operation authorized by
this permit until such changes have been approved by the Secretary of
State or the Secretary's delegate.
Article 2. The permittee shall comply with all applicable federal
laws and regulations regarding the construction, operation, and
maintenance of the facilities. Further, the permittee shall comply with
nationally recognized codes to the extent required under 40 U.S.C.
3312(b). The permittee shall cooperate with state and local officials
to the extent required under 40 U.S.C. 3312(d).
Article 3. In the event that the Otay Mesa East border crossing is
permanently closed and is no longer used as an international crossing,
this permit shall terminate and the permittee may manage, utilize, or
dispose of the facilities in accordance with its statutory authorities.
Article 4. As authorized by applicable federal laws and
regulations, the permittee is a federal agency that is responsible for
managing and operating the existing Otay Mesa border crossing and, upon
acceptance of the facilities by the United States of America, the Otay
Mesa East border crossing. This permit shall continue in full force and
effect for only so long as the permittee shall continue the operations
hereby authorized.
Article 5. This Article applies to transfer of the facilities or
any part thereof as an operating land border crossing. The permittee
shall immediately notify the United States Department of State
(``Department'') of any decision to transfer custody and control of the
facilities or any part thereof to any other agency or department of the
United States Government. Said notice shall identify the transferee
agency or department and seek the approval of the Department for the
transfer of the permit. In the event of approval by the Department of
such transfer of custody and control to another agency or department of
the United States Government, the permit shall remain in force and
effect, and the facilities shall be subject to all the conditions,
permissions and requirements of this permit and any amendments thereof.
The permittee may transfer ownership or control of the facilities to a
non-federal entity or individual only upon the prior express approval
of such transfer by the Department, which approval may include such
conditions, permissions and requirements that the Department, in its
discretion, determines are appropriate and necessary for inclusion in
the permit, to be effective on the date of transfer.
Article 6. (1) The permittee or its agent shall acquire such right-
of-way grants or easements and permits as may become necessary and
appropriate.
(2) The permittee shall maintain the facilities and every part
thereof.
Article 7. (1) The permittee shall take, or cause to be taken, all
appropriate measures to prevent or mitigate adverse environmental
impacts or disruption of significant archeological resources in
connection with the construction, operation, and maintenance of the
facilities, including those mitigation measures identified in both the
Tier 1 and Tier 2 environmental documents, but only to the extent
incorporated into either a Record of Decision (ROD) or Finding of No
Significant Impact (FONSI) to be issued by the permittee regarding the
Otay Mesa East border crossing. In preparing its ROD or FONSI, the
permittee shall consult with appropriate officials of the Federal
Highway Administration (FHWA) and the permittee shall consider the
mitigation measures recommended in the FHWA ROD.
(2) The permittee may make no irreversible change to the physical
environment based upon this permit until it has received approval from
the Department to proceed with construction, as provided in Article 9.
(3) Before issuing, or causing the issuance of, the notice to
proceed for construction, the permittee shall obtain the concurrence of
the United States Section of the International Boundary and Water
Commission.
Article 8. The permittee shall file any applicable statements and
reports that might be required by applicable federal law in connection
with this project.
Article 9. The permittee shall not issue, nor cause to be issued, a
notice to proceed for construction work until the Department has
provided notification to the permittee that: (1) The Department has
concluded, based on its review of the Tier 1 and Tier 2 environmental
documents and the permittee's ROD or FONSI, that the continuation of
this permit is in the U.S. national interest; and (2) the Department
has completed its exchange of diplomatic notes with the Government of
Mexico regarding authorization of construction. If the Department
concludes that the continuation of this permit is not in the national
interest of the United States following its review of the environmental
documents, including the permittee's ROD or FONSI, the Department shall
revoke this permit. The permittee shall provide written notice to the
Department at such time as the construction authorized by this permit
commences, and again at such time as construction is completed,
interrupted for more than ninety days or discontinued.
Article 10. This permit is not intended to, and does not, create
any right, benefit, or trust responsibility, substantive or procedural,
enforceable at law or in equity, by any party against the United
States, its departments, agencies, instrumentalities or entities, its
officers or employees, in their individual or official capacities, or
any other person. The issuance of this permit does not create any
obligation on the part of the permittee or the United States of America
to construct, operate, maintain, or accept the donation of all or any
portion of the Otay Mesa East border crossing; provided, however, if
the permittee does operate the facilities then it will do so in
accordance with the terms and conditions of this permit.
Article 11. This permit shall expire ten years from the date of
issuance in the event that the permittee neither has issued nor caused
to be issued the notice to proceed for construction activities.
In witness whereof, I, John D. Negroponte, Deputy Secretary of
State, have hereunto set my hand this 20th day of November 2008, in
Washington, District of Columbia.
End Permit text.
Dated: December 9, 2008.
Alex Lee,
Director, Office of Mexican Affairs, Department of State.
[FR Doc. E8-29622 Filed 12-12-08; 8:45 am]
BILLING CODE 4710-29-P